Plain Language Collection

7/27/2019 Plain Language Collection

1/98

The Essential PlainLanguage Collection

for legal aid agencies

O ver 50sample documents on:

Family law Seniors Housing C onsumer rights Self-representation Public benefits

Useful tools for legal professionals O nline C ALI A uthor lessons Before and After plain language examples

A LawNY, Inc. Transcend

Effort

Welcome to theEssent ial Plain Language Col lect ion!


2/98

Welcome to theEssent ial Plain Language Col lect ion!

This book is meant to serve as a resource for legal professionals and legal aid

agencies. Y ou will find sample documents from many areas of the law that you can

use as guides for your own content. The Resourcessection gives you step-by-step

instructions for drafting court forms and info sheets. You ll also find links to 3 great

C ALI Author

online classes and a Y ouTube video that will teach you how to makedocuments that your clients will want to read.

Table of Contents

Plain Language Samples ............................................................... 1

Family Law ...... ....... ...... ....... ........ ...... ....... ....... ...... ........ ....... ...... ....... ...... . 1

Seniors ...... ....... ...... ....... ........ ....... ...... ....... ....... ........ ...... ....... ....... ...... ... 19

Housing ...... ....... ...... ....... ........ ....... ...... ....... ...... ........ ....... ....... ...... ....... .. 31

C onsumer R ights ....... ...... ....... ....... ........ ...... ....... ...... ....... ........ ....... ...... . 43

Self-Representation ............................................................................... 51

Public Benefits ....... ...... ....... ...... ........ ....... ....... ...... ....... ........ ...... ....... ..... 69

Resources ................................................................................... 77

C reate a Readable Info Sheet in 6 Steps ... .. .. .. .. ... .. .. .. .. .. .. ... .. ... ... .. .. .. .. .. 79

C reate a Readable Court Form in 6 Steps .. .. .. .. .. .. .. .. ... .. .. .. .. .. .. ... .. .. .. .. .. .. 83

M ake Y our Website Easy to Read and Use ... .... ... ... ... ... .... ... ... .... ... ... ... .. 88

R ecommended R eading .. ...... ....... ...... ....... ........ ...... ....... ...... ....... ........ .. 90

Templates for LSAs ...... ....... ...... ....... ........ ....... ...... ....... ....... ........ ....... .... 92

O nline Training ............ ....... ...... ........ ....... ...... ....... ....... ........ ...... ....... ...... 95


3/98

Family LawHow to C hange Y our C hilds Name .... ... .... ... .... .... ... .... .... .... ... .... .... ... ... 2

How to Ask for Visitation ... ... .... ... .... .... ... .... ... .... ... .... ... .... ... .... ... .... .... ... 3Who is the legal father? .... ... .... .... ... .... ... .... .... .... .... ... .... ... .... ... .... .... ... ... 4

Dont Put Your K ids in the M iddle .... ... .... ... .... ... .... ... .... ... ... .... ... .... ... .... . 5

How to C hange a C hild C ustody O rder ... .... ... .... ... .... .... ... .... ... ... .... .... .. 6

How to D ivide R etirement Benefits in a Divorce .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 7

How to Divide Household Items in a Divorce ........................................ 8

What is child custody mediation? .... .. ... .. .. ... .. .. ... .. .. ... ... .. .. ... .. .. ... .. .. ... . 10

How to C hange a C hild Support O rder .... .... ... .... ... .... ... .... .... .... ... .... ... 11

T ips to make your parenting plan work .. ... .. .. ... .. .. ... .. .. ... .. ... ... .. .. ... .. ... . 12

Do I have to pay child support if I am in jail? .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . 13

How to Ask for Help with Domestic Violence .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 14

M ake a Safety P lan ........... ....... ....... ........ ....... ....... ........ ....... ........ ...... 15

Describe Abuse ....... ....... ....... ........ ........ ....... ....... ....... ........ ....... ........ . 16

Domestic V iolence Poster ... .... .... ... .... .... ... .... .... ... .... ... .... .... ... .... .... .... . 18

1


4/98

2006 San Francisco Superior Court.Funding from Foundation of the State Bar of California

How to Change Your Childs Name

There are two main ways to change the nameof a child:

Fill out and file these court forms to ask

the court for a name change: Petition for Change of Name, NC-100

Attachment to Petition to Change Name,NC-110

Order to Show Cause for Change of

Name, NC-120

You can fill out the court forms online at:

www.courtinfo.ca.gov/selfhelp/other/

namechange.htm

Then, go to a court hearing and ask the judge

for a court order with the childs new name.

If only one parent fills out the form, you

must also notify the other parent. (See below.)

Ask to change a chi ld s name during orafter a family law case.

If you are involved in a family law case, like

paternity or adoption, the court may be able to

change the childs name as part of that case.

The Family Law Self-Help Center can helpyou fill out your forms. Go to:400 McAllister Street, Room 009

Do I have to tell the other parent about the

name change?

Yes. Both parents have the right to know about a

request to change their childs name. You must let

the other parent know, even if you have sole custody

of your child.

How do I let the other parent know about the

name change?You must give no tice to the other parent. There

are specific steps you must follow. Ask a lawyer or

ACCESS to help you with this.

You must also put a notice of the hearing in a

newspaperfor 4 weeks in a row, one day per week.

What if I don t know where (or who) the otherparent is?

Contact ACCESS for information and help.

What happens if the parents dont agree?

The court will listen to both parents and decide what

is best for the child.

The court will consider:

How long the child has used the current name

How the name change may affect the childs

relationship with both parents

How strong the parents relationship is with

the child

The last name(s) of the childs siblings, if any What the child wants (for an older child), and

Anything else the court considers important.

Will the Court agree to the name change?

The court usually agrees if the name change is best

for the child, and:

Both parents ask for the name change, or

One parent asks, and the other parent was told

about the name change and does not object,

One parent has abandoned the child.

Need help?

Go to the ACCESS Center for the forms andinstructions you need.

Our schedule is:

Monday Thursday: 8:30 a.m. 12 Noon1:30 p.m. 4:00 p.m.

Friday: 8:30 a.m. 12 Noon

575 Polk Street

Room 001

San Francisco, CA

94102-4514

[email protected]

2


5/98

Rev. 1/08 2008 Alabama State Ba

How to Ask for Visitation

What is vis itation?

If your child/ren live with the other parent (or anotherperson), you probably have the right to spend timewith them. This is called visitation.

How do I know when its my turn to be withthe children?

You may already have court orders that say what thevisitation schedule is. If not, you can ask the court fora visitation schedule so you and the child/ren willknow when you can spend time together.

The court wants you and the other parent (or otherperson with custody of the child/ren), to have aparenting schedule that is good for the children. Agood schedule gives the children regular times witheach parent. This lets the children know which parentthey will be with and when. This helps the children to

feel loved, secure and cared for.

If you and the other parent cannot agree, the judgemay order a schedule for visitation.

Can a grandparent ask for visitation?

In Alabama, the law is not clear about grandparentsrights to visitation. Talk to a lawyer.

How do I ask the Court for v isitation?

You must fill out and file a court form. If you alreadyhave custody and support orders, fill out a Petition forVisitation Orders.

What if I was never married to the motherof the children?

If you are not listed as the legal father of thechild/ren, you will have to prove to the court that youare the father. See: Who is the legal father?

What if the other parent is asking for fullcustody of the child/ren?

If you agree with the other parent about the custodyorders requested, you can file a Petition to ask for aschedule for visitation. If you disagree, you can ask

the court for custody, too. (See: How to Ask for ACustody Order.)

Will the judge make the visitation orders Iask for?

The judge may make the visitation orders you askfor if: You want to be involved with the child/ren,

You are a fit and proper parent, You have a safe place for the child/ren to be, and

The schedule you ask for is reasonable.

Can the court help me fill out my forms?

No. But this sheet gives you general informationabout how to fill out the forms.

What do I do after I fill out my forms?

Take your originals and 2 copies of each form to thecourt clerk in the same county where your currentcustody orders are from.

Do I have to pay to fi le my forms?

Yes. You must pay a filing fee in cash or with amoney order. The clerk can tell you the exactamount.

If you cannot afford to pay the fee, also fill out thisform to tell the court about your income andexpenses:

Affidavit of Substantial Hardship

But do not sign it until you are in front of a notaryand swear that the information is true. The judge willdecide if the fees can be postponed.

What will the clerk do with my forms?

The clerk will:

2 date-stamp all your forms,

2 keep 2 copies, and

2 give you a date-stamped copy for your records.

How will the other parent know I am asking

for visitation?After you file your forms, the clerk will have someoneserve (give or mail) the other parent a copy of yourforms. That way the other parent will know what youare asking for and when to go to court.

Important! If the address you give for the otherparent is not current, the court cannot hear your case

Will the change affect child support?

Probably not. The parent with visitation still has topay child support.

When is my hearing?The court will send you a letter telling you the dateand time of your hearing.

Need help?

Call Legal Services Alabama at: 877-393-2333

Or visit: www.alabamalegalhelp.org

Do not use forcommercial purpose

3


6/98

Rev. 1/08 2008 Alabama State Bar

Who is the legal father?

Sometimes it is not clear who the legal father ofa child is. A court can decide who the legalfather is if:

the mother wants a court order that sayswho the legal father of her child is,

the mother and father were not marriedwhen the child was born,

a husband suspects he may not be thechilds biological father, or

a man wants to be recognized as the legalfather of his biological child.

Does it matter who the legal father is?

Yes! A legal father has certain rights and duties,including caring for the child physically,emotionally, and financially.

Can I ask the Court to say who the legalfather is?

Yes. You must fill out and file a court formcalled Petition to Establish Paternity. (Youneed one form for each child.)

You can get the forms you need at:www.lawhelp.org/al

Do I need a lawyer?

You do nothave to have a lawyer. But its a

good idea. You may contact your localDepartment of Human Resources for help.

Paternity is complicated. The court may decideeach parents rights and responsibilities for thischild.

Can the court help me fill out my fo rms?

No. But this sheet gives general informationabout how to fill out your forms.


Take your completed forms and 2 extra copiesto the family or juvenile court clerk in the samecounty where the child lives.


The clerk will:7 date-stamp all your forms,7 keep the original plus 1 copy (for the other

parent), and7 give you a date-stamped copy for your

records.

Do I have to pay the cour t anything?

Yes. You must pay a fee in cash or with a moneyorder. The clerk can tell you the exact amount.

If you cannot afford to pay the fee, also fill out an

Affidavit of Substantial Hardship. But do notsign it until you are in front of a notary andswear that the information is true. The judge willdecide if the fees can be postponed.

Will the other parent know I am asking fora paternity order?

Yes. The clerk will have someone serve (give ormail) the other parent a copy of your courtforms. That way the other parent knows aboutthe case and when to go to court.

How do I prove my case to the Court?You can ask the court to order genetic (DNA)testing. DNA tests are very accurate.The testscan say, with up to 99% accuracy, if a man isthe father of a child.

What kind of orders can the judge make?

The court can make orders that:

Say if a man is, or is not, the childs father,

Say which parent must pay child supportand prenatal medical expenses. (The court

may order the father to pay child supportstarting from the date the child was born.)

Change the childs name on the childs birthcertificate.

Say one or both people involved must payfor the court costs, genetic testing, andattorney fees.

Need help?


Or visit:www.alabamalegalhelp.org


4


7/98

Dont Put Your Kids in the Middle September 20

Dont Put Your Kids in the Middle

Custody problems are hard on everyone, especiallychildren. Read this sheet to learn how to:

Talk with your kids about custody, and

Make things easier for your kids.

Do it for your kids!

I will do what is bestfor my children. I will keepthem out of disagreements

with the other parent.

How much do my kids need to know?

That depends on the child. Let your kids know thatthey can ask questions about custody. Tell them:

You will answer any questions they have,

You will do your best to make things as easyfor them as you can,

You will always love them no matter what, and

The problems with the other parent are nottheir fault.

How to talk to your kids about custody:

Keep your language positive.

Explain that you and the other parent are tryinhard to agree on an arrangement that will bebest for the kids.

Tell you r kids that you love them and will bethere for them. Repeat it.

Use kid-friendly language.The way youexpress your thoughts and feelings to your kidmakes a big difference in how they (and you!)deal with custody. Choose your words carefullFor example:

Instead of saying... Say...

Has visitation with Comes over, stays wiCustody and visitation Parenting plan, agreeWife, ex-wife Childrens mother

Husband, ex-husband Childrens father

Be a good role model. Your kids look to you see how to cope with a tough situation. Insteaof showing stress and negative feelings, be agood listener and show respect for theirfeelings.

Do not make unkind comments about theother parent or other people involved.

Keep any anger and frust ration away fromyour kids. When you show anger, hurt, orfrustration, it upsets and worries your children

Do not use your kids as messengers. Do noask your kids to give written or spoken messagto the other parent. It is your responsibility to fa way to communicate with the other parent thdoes not involve your children.

What else can I do to make this easier formy kids?

Find them someone to talk to. Talking to atrusted adult can help your children deal with t

stresses of custody. This could be a counseloor a local support group.

Check out your countys Social ServicesAgency. They can give you information aboutfree or low-cost child or family counseling inyour area.

Golden Rules for Parents

Control your emotions. Be polite whenyou talk to or about the other parent.

Keep your commitments to your kids.

This makes them feel more loved andsecure. It also makes co-parenting easier.

Be there for your kids. Think about what

they need from you now.

Do not use your kids to communicate with

the other parent. Its bad for kids to be inthe middle of your dispute.

Do what is best for your kids.

Do it for your kids!

5


8/98

How to Change A Child Custody OrderFor divorced parents who do not agree

What is a change in custody?

A change in custody means changing whoyour children live with, or who can makedecisions about their health, education and

other important things.

How do I change my custody orders?

If you want to make a change in yourcustody orders, fill out these forms.

Request for Change of Custody Affidavit-Child Custody

Information

Notice of Hearing Instructions for ServiceCan the court help me fill out myforms?

No. But this sheet gives general informationthat will help you fill out your forms. If youhave questions or need help, call:

Southeastern Ohio Legal Services

Phone: 1-866-LAW-OHIO

What is my case number?

You will have the same case number asyour divorce.


Take your originals and 4 copies of eachform to the Clerk of Court. You must go tothe court in the same county where yourdivorce was completed.

The clerk will ask you to pay a fee. You canask the clerk what the fee is for your county.

If you cannot pay the fee, also fill out thisform:

Affidavit of Indigency

Do not sign it yet! You must sign it in frontof a notary.


The clerk will file-stamp all your forms. Theclerk will keep the original plus 1 or 2 copiesand give you the other file-stamped copies.

Important!Keep a copy for your records.

How will the other parent know I amasking for a change in custody?

After you file your court forms, the Clerk willserve (give or mail) the other parent a copyof your court forms.

The forms tell the other parent what you areasking for and when to go to court.

Will the change affect child support?

Maybe. If you are getting or paying childsupport now, a change in custody couldchange the amount of child support.

You must let your countys Child SupportEnforcement Agency know you are askingfor a change. Ask the clerk to serve them.

When is my hearing?

The Court will send you a letter telling youthe date and time of your hearing.

What should I bring to my hearing?

Yes. Bring financial information and otherevidence that supports the change you areasking for. Read, Get Ready for Courtinthis packet. Or find it at: www.oslsa.org/

What if I move?

You must let the clerk and the other parent

know right away. Send them a letter withyour case number and new address.

Need help?

Southeastern Ohio Legal Services

Phone: 1-866-LAW-OHIO

www.oslsa.org

Type or

use blue

or black ink.

6


9/98

How to Divide Retirement Benefits in a Divorce September 20

How to Divide Retirement Benefits in a Divorce

Retirement benefits include:

Pension plans

Deferred compensation accounts

401(k) accounts

IRAs

Do retirement benefits belong to bothspouses?

Yes, in most cases retirement benefits are

community property. That means they belong

equally to both of you even if only one of the

spouses earned them.

If you each have retirement benefits, you usuallyeach get half of the total benefits.

But some retirement accounts have community

property andseparate property funds becausesome of the funds were earned before or after

the marriage. In those cases, each spouse has

the right to half of the benefits earned duringthe

marriage.

How do I know if my spouse has retirementbenefits?

Not all employers give retirement benefits. If you

are not sure, ask your spouse or your spouses

employer for a statement of benefits. Or look at

your spouses pay stub. If you are still not sure,ask your lawyer to get a statement of benefits.

Do I need a lawyer?

Its a good idea to hire a lawyer to help you divide

the retirement benefits. You have to follow state

and federal laws and the tax code. If you don t do

it right, you could owe a lot of taxes. And, if your

spouse remarries or dies, you may not be able to

get your share of the pension. (Some lawyers

charge a flat fee for this service.)

Do I need a court order to get part of myspouses retirement benefits?

Yes. You will need a court order called a

Qualified Domestic Relations Order, called

QDRO, for short.

How do I ask for a QDRO?

Once you have a judgment of divorce or

separation, follow these steps:

Ask the employer for a QDRO form and

instructions.

Fill it out and send it back to the employer toconfirm that everything is correct.

Then both spouses sign the QDRO and file

at court.

After the judge signs it, the clerk will send you

copy. Send a copy to the employer.

What if my spouse cashes out theretirement account?

California law says that if you write to the

employer or pension plan saying the retiremenaccount may belong partly to you, they must

freeze it until your case is settled.

If they let your spouse cash out the benefits, th

will have to pay you.

Protect yourself! Send a letter to the employerright away asking them to freeze the account

until your divorce is settled.

Is there a form I can use to tell theemployer to freeze the account?

If your case is already filed in court, ask a lawy

to help you fill out joinder forms.

What if I am already divorced or separatebut I forgot about the retirement benefits

Talk to a lawyer. In most cases, you can still as

the court to divide a missed asset.

Can I spend the retirement funds?

Retirement funds are still retirementbenefits.

They are intended to be used when the employretires or reaches the age indicated in the plan

you take money out of a retirement plan before

the eligible age, there will be a huge tax penalt

What if I want more information?

Contact the employer, the pension plan, or a

lawyer. You can also read California Family Co

2610 and 755.

7


10/98

How to Divide Household Items in a Divorce

When couples divorce, theyhave to decide who gets thefurniture and otherhousehold items.

You can use lawyers to help

divide these things. Or youcan do it yourselves andsave a lot of money.

Here are two ways to divide your belongings:

List, appraise, and pick

List every item of valuein your household whether its community

property or not. Ifpossible, do this beforeyou move anything.

Make sure things you agree should staytogether (like a bedroom set) are groupedon your list as one single item.

Then, hire an appraiser you both agreeon. Beforethe appraiser arrives, agree toaccept the appraisers values.

Then, toss a coin to see who starts. Taketurns saying which item you want from thelist. Once you or your spouse reaches halfof the value of the list, the remaining itemsgo to the other spouse.

Two-pile system

You and your spouse can also divide theproperty into what you agree are twopiles of equal value. Then, flip a coin.

Whoever wins, picks the pile they want.

There may be some items that cannot gointo the pile because you do not agree onthe value. But you can use this system forall the items you do agree on. Then, findanother way of dealing with the otheritems later.

Tips

Wedding gifts The law says you eachown half of the wedding gifts. But manycouples agree to keep the gifts that weregiven by that spouses family or friends.

Photos Divide them up according to yourpreference. If you both want the samephoto, make copies and share the cost.

Childrens things Its best to think of thechildrens furniture, toys, bicycles, campingequipment, etc., as theirs. The childrensthings should stay with the parent who hascustody of the children. The law says youmust not charge the other parent for thevalue of those items.

About Appraisers Appraisers usuallycharge between $250$600. You can sharethe cost, or just one of you can pay. Or youcan appraise the items yourself bysearching for prices of similar items on theInternet or in the newspaper. (The value iswhat you could buy or sell it for now notthe cost to replace it.)

Stuck?If you are having problems dividing some of theitems, you can:

Ask an appraiser to suggest an equaldivision of the property.

Agree to donate the item to Goodwill or giveit to one of the children, or

If you already separated, you can agree toeach keep what you now have.

Avoid problems!

Agree on the method you will use beforeyoubegin. If any of your items are worth a lot ofmoney, check with your lawyer first.

You can use

page 2 of this

form to makeyour list.

8


11/98

ItemNumber

Item Notes, if neededCurrent Value(What you couldbuy or sell it for)

Who keeps? HusbanWife

KitchenKitchen table and chairs H W

Cooking utensils H W

Dishes H W

Cutlery H W

Glasses H WRefrigerator H W

Microwave H W

Dishwasher H W

Stove/oven H W

Housekeeping items(vacuum, broom)

H W

Washer/dryer H W

Other(describe) H W

Dining RoomDining room table and chairs H W

Other dining room furniture H W

Living RoomLiving room H W

Couch H W

Coffee table H W

Chairs H W

Lamps H W

Wall hangings H W

Photo H W

Other(describe) H W

Master Bedroom

Bed H W

Dresser H W

Nightstands H W

Other(describe) H W

Guest Bedroom / Study

Bed H W

Dresser H W

Nightstands H W

Desk, chair H W

Chair H WTable H W

Bookshelf H W

Computer H W

Other(describe) H W

Outdoors

Lawnmower, garden tools H W

Garden furniture H W

Other(describe) H W

9


12/98

How to Ask for Help with Domestic Violence September 2010

What special words will the mediator use?The mediator may talk to you about:

2 legal custody 2 physical custody

2 visitation 2 evaluators

2 supervised visitation

If you do not understand these words, ask

your mediator to explain.

What is child custody mediation?

What is child custody mediation?

Custody is the legal term for a parenting plan.

It means:

2 Who the child lives with, and

2Who makes important decisions for the child(health care, education, and other important

decisions)

When parents cannot agree on the custodyof their

children, the judge will send them to child custody

mediation. The mediator will help you make (or

recommend) a parenting plan.

What is a mediator?

A mediator is a court professional who helps

parents make parenting plans that are good for the

children.

Mediators know how to work with separated

couples, and are trained to understand domestic

violence. Mediators can also tell you where to gethelp with housing, counseling, or financial

problems.

Important!If the mediator suspects child abuse,

s/he must report it.

What will the mediator do?

The mediator will try to help you make a parentingplan that:

2 Protects you and your children

2 Says how you and the other parent will make

decisions about the children

2 Says when the child will be with each parent

Mediators can also help with a safety plan for you

and your children, including safe ways to get thechildren to and from visits with the other parent.

Is what I say to the mediator private?

Not always. The mediator can tell the other

parent what you say. Sometimes a mediator will

tell the judge what you say. The mediator may

report child abuse. Ask your mediator to explainthe privacy rules.

Can I bring someone to mediation with me?

If you have a restraining order, you can bring a

support person to mediation. If you do not have a

restraining order, you can ask your mediator if a

support person can come with you.

What if I am worried about safety ordomestic violence?

If you are worried about your or your childrens

safety, tell the mediator as soon as possible. You

can ask to speak with the mediator alone.

Also:

2 Tell your lawyer or get help from a local

agency.

2 Tell the judge about the violence or abuse.

2 Ask your mediator about supervised visitation.

What is supervised visitation?

Supervised visitation means the child can visit the

other parent if another adult is present. Ask yourmediator if there is a supervised visitation center

where you live. If there is no center in your area,

talk with your mediator about other options.

What if I dont speak English?

Ask for an interpreter. If a court interpreter is not

available, bring someone to interpret for you. Do

not use a child to interpret for you.

For more information about mediation or

domestic violence2 Go to: www.courtinfo.ca.gov/selfhelp

2 Call the National Domestic Violence Hotline

(24 hours): 1-800-799-7233 or

1-800-787-3224 (TDD)

Its free and private.

They can help you in more than 100 languages.

10


13/98

Rev. 1/08 2008 Alabama State Bar

How to Change a Child Support Order

Who can ask the Court to change theamount of child support?

Either parent (or other person with legalcustody) can ask. You can ask the court for

more support. Or you can ask to lower thesupport amount.

Will the judge make the changes I amasking for?

Maybe. If the child/ren are under 19 and notmarried, you will have to prove that:

One parent is earning more (or less) nowthan before so that the child support willchange more than 10%, or

Something else happened that changed thefinancial situation of one of the parents.

Caution!A new order could be more, or it couldbe less support than you have now. The judgewill use a special formula (called guidelines) todecide the amount of support.

How do I ask the cour t for a newsupport order?

You must fill out and file these forms:

Request to Change Child Support

Financial Declaration

Can the court help me fill out my forms?No. But this sheet gives general informationabout how to fill out your forms.

What do I do after I fil l out my forms?

Take your original forms and 2 copies to thecourt clerk in the same county where yourcurrent child support orders are from.


The clerk will:

7 date-stamp all your forms,

7 keep 2 copies, and

7 give you a date-stamped copy foryour records.

Do I have to pay the court anyth ing?Yes. You must pay a filing fee in cash or with amoney order. The court clerk will tell you theexact amount. If you cannot afford to pay the

fee, also fill out this form to tell the court aboutyour income and expenses:

Affidavit of Substantial Hardship

But do not sign it until you are in front of anotary and swear that the information is true.

The judge will decide if the fees can bepostponed.

Will the other parent know I am askingfor a new support order?

Yes. The clerk will have someone serve (give ormail) the other parent a copy of your court

forms. That way the other parent knows whatyou are asking for and when to go to court.

How will the judge decide?There will be a hearing at court. You and theother parent will have a chance to tell your side.

When wil l the judge decide?

The judge will decide at or after the hearing. Ifyou have not received the judges decisionwithin 45 days of your hearing, you may contactthe court clerk.

What should I bring to my hearing?

Bring financial information and other evidencethat supports the change you are asking for,such as your most recent:

pay stubs, W-2s, income tax returns,

Social Security statements (if you getdisability), or

bank statements.

You may also bring witnesses who know aboutthe financial changes.

If I stop working, can I pay less support?

It depends. If you decide to leave your job, youstill have to pay support. But, if you are fired orlaid off, the Court may lower the support amount.

Need help?


Or visit: www.alabamalegalhelp.org


11


14/98

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12


15/98


16/98

How to Ask for Help with Domestic Violence September 2010

How to Ask for Help with Domestic Violence

Domestic violence can happen to anyone young or old, rich or poor, and from any ethnicbackground. The abuse may be physical, sexual,or emotional.

The abuser is usually ahusband, boyfriend, orpartner. But sometimesmen are abused, too. Anykind of abuse is harmful.

Domestic violence is a cr ime.

Even if the abuse happens at home, domesticviolence is against the law.

Take the firs t stepAsk for help. Day or night. 24/7.

Call the Hotline: 800799SAFE (7233)

What if I am too afraid to ask for help?

It is very hard to talk about domestic violence,especially if you are afraid or ashamed. When youcall a hotline, the person you talk to willunderstand this.

Will the hotline give my information to thepolice?

No. Everything you say on the hotline is private.

If you are not ready to leave the abuser,

The hotline will: Listen to you, Answer your questions, Explain how to keep you and your children

safe, and Refer you to resources in your area that can

help you when you are ready.

If you are ready to leave the abuser,

the hotline can help you: Find a womens shelter for safe, temporary

housing Apply for money to rebuild your life Get a court order that protects you from the

abuser

What kind of help can they give me?

They can help you with many things, including: Getting a protective order Going to court

A safety plan

What kind of help can I get for my kids?

Your local agency will help you and your kids get: Counseling Emotional support Support groups, guidance, and referrals Food and clothing A job and a place to live

Do I have to pay for the help they give me?

No. Domestic violence services are free. They willhelp you and your children at no charge.

What if I am not here legally?

Anyone in the U.S. can get help. It doesnt matterif you are a legal immigrant or not.

Domestic violence victims who are not herelegally can apply to become a legal resident. Yourlocal domestic violence agency can help you withthis, if you want them to.

What if I dont speak English well?

If you dont speak English well, an interpreter canhelp you.

Where can I get help?

Visit:www.thehotline.org

Warning! If you use a computer at home, otherpeople will be able to see the web sites you havevisited. If you need a safe computer, go to afriends house, a public library, or an Internet caf.

Call 911, if you are in danger now.

Or call the National Domestic Violence Hotline:

800799SAFE (7233)

TTY: 8007873224

Its free and private, and they can help in anylanguage.

The abuse isNEVER

your fault.

14


17/98

Make A Safety Plan

A safety plan can help keep you and yourchildren safe. Ask a domestic violencecounselor to help you with your plan. Andread this sheet.

During an Attack

When an attack starts, try to escape. Leaveyour home and take your children, no matterwhat time it is!

Go to a friends house or to a domesticviolence shelter.

Defend and protect yourself. Later, takephotos of your injuries.

Call for help. Scream as loud and as longas you can.

Stay close to a door or window so you canget out if you need to.

Stay away from the bathroom, kitchen,and weapons.

Be Ready to Leave

Leaving is the most dangerous time. Thinkingabout your safety plan beforeyou leave will

help you when the time comes.

Practice your escape. Know which doors,windows, elevator, or stairs are best.

Have a safe place to go in an emergency.Memorize their phone number.

Keep a cell phone or calling card with youalways so you can call in an emergency.

Ask a neighbor and a co-worker to call thepolice if they see or hear abuse.

Get rid of guns and weapons in yourhouse.

Have a code word to use with yourchildren, family, friends, and neighbors.Ask them to call the police when you saythat word.

Keep a bag ready with clothes and extrakeys for your house and car. Hide it in aplace you can get to quickly. Or leave it ata friends house.

Put important things in a safe place whereyou can get them easily, such as your:

o Medicineso Drivers license, ID, social security

card

o Cash, check book, credit cardso Legal papers, important phone

numbers.

Be Safe When You Live on Your Own

Change the locks on your doors as soonas you can.

Put locks on all your doors and windows. Ask your phone company for an unlisted

number. Sometimes this is free.

Give your children's school or daycare alist of who is allowed to pick up yourchildren.

Tell your neighbors and landlord that yourpartner no longer lives with you.

Ask them to call the police if they see yourpartner near your home.

15


18/98

Describe Abuse

Describe the most recent abuse (why you came here today).

When did it happen? (Date): _______________________________________________________________

Where did it happen?

street address city state

Did the police come? Yes No

If the police came, answer these questions:

What police department came? ___________________________________________________________

What is the case number? ________________________________________________________________

Was anyone arrested? Yes No Was anyone cited? Yes No

Describe what happened:

What did the other person do or say to make you afraid? ____________________________________________________________________________________________________________________________

__________________________________________________________________________________________

Did the other person use or threaten to use a gun or weapon? Yes No

(If yes, describe):____________________________________________________________________________

__________________________________________________________________________________________

__________________________________________________________________________________________

Who else was there? _____________________________________________________________________

Was anyone hurt? _______________________________________________________________________

Other facts: (Or you can tell us more at your interview.) ___________________________________________

_________________________________________________________________________

Arrests

Has the other person been arrested for Domestic Violence? Yes No

Is the other person on probation for Domestic Violence? Yes No

Has there been abuse before this time? Yes No

If yes, describe each past abuse on the next page.

16


19/98

Other Cases of Past Abuse



Address City State







Address City State







Address City State





17


20/98

The law says: no one can hurt you(or threaten to hurt you)

even if that person is a relative or

someone you know.The court can order the other person to:

Stay away from you, your work, school, and home

Not bother you or your children

Move out of your home

Pay for child support and decide where the kids will stay

To ask for a court order:

Fill out court forms toexplain your situation to

the court. You can get the

forms at:

Any courthouse or

law library, or

www.courtinfo.ca.gov/selfhelp/protection/dv/dvforms.htm

Take your completedforms to the court clerk.

The court may give you

a 7-day temporary order

right away.

Have someone not you give (serve)

the other person acopy of your forms.

Ask the clerk for

information about

serving.

Go to your court hearingto ask for an order that

lasts longer. You may

also ask for custody,

support, or other orders

you need.

If the court decides thatyou need protection, itwill make a restraining

order.

The clerk will give you 5 copies. Keep one

with you always. You may need to show

it to the police. Give the other copies to

someone at work, school, etc. Keep an

extra copy in a safe place.

If you are in danger,

call 911.

NC SA

creativecommons.org/licenses

SAMPLENot Legal Advice

[Enter your agency name here.]

[Enter your agency address here.]

[Enter your agency phone number here.]

18


21/98

SeniorsTransferring property when someone dies .......................................... 20

Advance Health C are Directive ... ... ... ... .. ... ... ... .. ... ... ... ... ... ... .. ... ... ... .. ... 23

Before & After: H ow to P ay for Nursing Home C are with M edicaid .... . 24

C onservatorships .... .... .... .... .... .... .... ..... .... .... .... .... .... .... .... .... .... .... .... .. 26

Alternatives to C onservatorship ... ... ... ... ... ... ... ... ... ... ... .. ... ... ... ... ... ... ... .. 28

Elder Abuse (English & Spanish) ... ... ... ... ... ... ... ... ... ... ... .. ... ... ... ... ... ... ... . 30

19


22/98

Do I have to go to Court toinherit property from someonewho dies?

Not always. If you have the legal right toinherit personal property, like money ina bank account or stocks, and theestate is worth $100,000 or less, youmay not have to go to court.

There is a simplified process you canuse to transfer the property to yourname. But this process is not for realproperty, like a house.

How do I know if the estate isworth $100,000 or less?

To calculate the value of the estate:

Include:

All real and personal property

All life insurance or retirementbenefits that will be paid tothe estate

Do not include:

Cars

Real property outside of California

Property held in trust, includinga living trust.

Real or personal property that

the person who died owned withsomeone else (joint tenancy)

Property (community,quasi-community or separate)that passed directly to thesurviving spouse

Life insurance, death benefitsor other assets not subject toprobate that pass directly tothe beneficiaries

Unpaid salary or other compensationup to $5,000 owed to the personwho died.

The debts or mortgages of theperson who died.

For a complete list, see ProbateCode 13050.

Can I subtract the deadpersons debts to calculate the

value of the estate?No. You are not allowed to subtract thedebts of the person who died.

What if the estate is in Probate?

You cannot use this process, unless the

Personal Representative of the estateagrees in writing to let you do so.

Can anyone use this simplifiedprocess?

You qualify if you have the legal right toinherit property from the person whodied. You must be a beneficiary in theWill or an heir if the person died withouta Will. Other people may qualify too, likethe guardian or conservator of theestate. For a complete list, seeProbate Code 13051.

Transferring property

when someone dies

San Francisco Superior Court

400 McAllister Street

Room 208

San Francisco, CA

94102-4514

415.551.5880

www.sfgov.org/courts

20


23/98

How do I transfer the propertyto my name?

If you have the right to inherit thatproperty, give an affidavit to theperson, company or bank that has theproperty now.

What if there are many assetsto transfer?

You can list all assets in one affidavit.Or, you can do one affidavit foreach asset.

How do I write the affidavit?

Many banks and other institutions havetheir own affidavit. So, check with themfirst and ask for one. If they dont have

one, you can use the sample affidavitattached to this guide.

What if other people are alsoentitled to inherit property fromthe person who died?

All of you must sign the affidavit. Thisshows you all agree that the propertylisted on your affidavit can betransferred to you.

Do I have to notarize the

affidavit?No. But many institutions will ask you to.So it is a good idea to notarize it.

Do I have to attach any otherdocuments to the affidavit?

Yes. Attach:

A certified copy of the deathcertificate of the personwho died

Proof that the person who diedowned the property (like abank passbook, storage receipt,

stock certificate) Proof of your identity (like a

drivers license or passport)

An inventory and appraisal ofall real property owned by thedecedent in California

How long do I have to wait totransfer the property?

You must wait at least 40 days after the

person dies.

What if I need help?

You can talk to a lawyer. Call theLawyer Referral Service of the SanFrancisco Bar Association:415-989-1616

Or, go to the ACCESS Center:Civic Center Courthouse, Room 208400 McAllister Street, San Francisco415-551-5880

Or, read the law on property transfers.See California Probate Code, 13100-13115.

21


24/98

Administrator: the person (usuallythe spouse, domestic partner orclose relative) that the court

appoints to manage the estate of aperson who dies without a Will.The administrator is also called thepersonal representative of the estate.

Beneficiary: a person who inheritswhen there is a Will.

Decedent: the person who died.

Decedents Estate: all real andpersonal property that a person

owned at the time of death.

Executor: a person named in a Willand appointed by the court to carryout the dead persons wishes. Theexecutor is also called the personalrepresentative of the estate.

Heir: a person who inherits whenthere is no Will.

Holographic Will: a Will that is

handwritten, dated and signed bythe person writing the Will.

Intestate: when someone dies withoutleaving a Will.

Intestate succession: the order ofwho inherits property when someonedies without a Will.

Living Trust: a trust set up duringthe life of a person to distribute

money or property to anotherperson or organization.

Personal Property: things like cash,stocks, jewelry, clothing, furniture,or cars.

Personal Representative: theadministrator or executor that the

court appoints to manage the estate.

Probate: the legal process ofadministering a Will in court. Thecourt process for distributing adead persons assets, paying debtsowed by the dead person andsettling the financial affairs of peoplewhen they die.

Real Property: buildings and land.

Successor: anyone who has the legal

right to receive property of a personwho dies, either under the Will orthe Probate Code.

Testate: when someone dies leavinga Will.

Trust: an arrangement whereproperty is given to someoneto be held for the benefit ofanother person.

Will: a legal paper that lists apersons wishes about what willhappen to his or her propertyafter death.

Probate cases use special words. Here are some:

Transfering property when someone dies... 10/03

22


25/98

Advance Health Care Directivefor PennsylvaniaBased on Title 20 Pa.C.S. 5471

Pennsylvania law gives you the right to say what kinds of health care you would and would not want if youcan no longer make those decisions for yourself. You can fill out theAdvance Health Care Directive formon

pages 2-5. The information below gives you more information about this form. If you have other questions,its a good idea to talk to a lawyer.

Making anAdvance Health Care Direct ive

AnAdvance Health Care Directive is a legaldocument that lets you express your health carewishes if you become unable to speak for yourself.AnAdvance Health Care Directive has two parts:

a living will, and

a health care power of attorney.

It is important to put your wishes in writing using alegal form. Otherwise your wishes may not befollowed. You can use the form on pages 2-5 tomake yourAdvance Health Care Directive. If youwant anAdvance Health Care Directive, but do notwant to use this form, talk to a lawyer.

Making a living will

A living will says what treatment you want if youcannot make or say your decisions, includingwhether or not you want treatment to keep you alive.

Choosing a health care power of attorney

A health care power of attorney is a legal documentthat lets you choose someone to make health caredecisions for you. That person is your health careagent. Your health care agent is not responsible forthe cost of your health care. You must pay for yourown health care.

When choosing a health care agent, its a good ideato talk to people you know and trust, such as yourfamily, doctor, or clergy. Then:

1. Choose someone who is willing and available.2. Tell that person you have chosen him or her as

your health care agent.3. Talk to that person about your beliefs and

values so s/he understands what you want.

This form lets you name another person who can beyour agent if the first person is not available. Namingsomeone else is a good idea to make surethere willbe someone you trust to speak for you. If you name

your spouse, its a good idea to name an alternativeagent, too. Thats because if you or your spouse filesfor divorce after you sign this form, s/he will not beallowed to be your agent.

If you do not name a health care agent, your doctorwill ask someone for help to make decisions aboutyour treatment. That could be your family or otheradult who knows your wishes and values.

If you use this form you are saying your health careagent can only speak for you when you cannot speakfor yourself.

Important! Your health care agent cannot be yourdoctor or other health care provider unless s/he isrelated to you by blood, marriage, or adoption.

When thisAdvance Directi ve starts

Your advance directive starts only when your doctorsays that you:

Cannot understand, make, or say yourdecisions,

Are unconscious and not expected to wake up,or

Have an end-stage medical condition and willprobably die with or without care.

If your doctor does not want to follow your wishes,s/he must say so, then transfer you to a health careprovider who will follow your wishes.

What to do with your completedAdvanceDirective form

You should give a copy to your:

Health care agent, Doctors, Family, and Anyone who might be taking care of you if you

cannot take care of yourself.

23

SAMPLENot Legal Advice


26/98

Paying for Nursing Home Care with Medicaid (Title 19)This article gives an overview of Medicaid (or Title 19) rules for people who need help paying for nursing home care. Ittalks about what assets, property and income a person can keep and still be eligible for Medicaid to pay the nursing home

bill. It also gives information for married couples when one spouse needs nursing home care and the other spouse remainsat home trying to make ends meet.

Medicaid rules are very complex and change from time to time. Certain dollar amounts in this article also change fromtime to time. You should not try to use the rules or rights explained here without first checking with a legal aid orprivate attorney who is knowledgeable in Medicaid law.

What is Medicaid?Medicaid (or Title 19) is a program of medical assistance provided through Connecticut's Department of Social Services(DSS). This program pays medical bills for certain categories of people whose income and assets are too low to covertheir medical bills. Medicaid has different rules for different types of people, including: persons aged 65 or older, disabled

persons, children under 21, certain families, and persons in nursing homes.

This article discusses Medicaid rules only for people who need nursing home care. Different rules apply to otherpeople, such as younger disabled individuals who need Medicaid home care services. For more information, consult an

attorney with knowledge of Medicaid law.Medicaid rules in Connecticut may be different from those in another state. If you are concerned about someone needingnursing home care in another state, you need to check that states rules.

Also, do not confuse Medicaid withMedicare, an entirely different program.Medicare is a medical insurance programrun by the federal government for certain people who get Social Security or Railroad Retirement benefits. Medicarepaysonly limited nursing home benefits under strict rules.

For information aboutMedicare, call the Center for Medicare Advocacy (1-800-262-4414). Call Statewide Legal Services(1-800-453-3320) or see our article,Are You Considering Nursing Facility Care?

What does Medicaid pay for?In Connecticut, Medicaid covers a broad range of medical services. For a nursing home resident, Medicaid will pay forsemi-private room and board, doctor's visits, some prescription drugs and other medication, hospitalization, laboratorytests and x-rays, physical therapy, medical equipment like wheelchairs, some dental needs, hearing aids, eyeglasses andmost other medical expenses.

What assets can I have and still qualify for Medicaid to pay for my nursing home care?You can keep certain assets and still qualify for Medicaid. Assets are things like cash, bank accounts, stocks, bonds, etc.For information about your home, see below. Also see our article, Your Home and Title 19.

In Connecticut, a person may have no more than $1600 in countable assets, PLUS the following assets, and still qualifyfor Medicaid in a nursing home:

A burial plot of unlimited value. A burial plot may also include the purchase of a grave site, opening and closing of agrave site, cremation urn, casket, outer burial container, a headstone or marker, crypt or mausoleum.

A pre-paidirrevocable (non-refundable) funeral contract (limited to $5400 with a Connecticut funeral home); or a

refundable funeral contract for up to $1800 ($1500 for married persons).

Term life insurance--no cash surrender value.

Cash value life insurance if the face value of all cash value policies is $1500 or less.

Long-term care insurance payments made from a Connecticut Partnership for Long-Term Care approved insurancepolicy may allow you to protect additional assets. Be sure to inform the DSS caseworker of any ConnecticutPartnership Long-Term Care insurance you have when applying for Medicaid. (For information on theConnecticut Partnership call DSS at 1-800-547-3443 or visit on the web: www.ctpartnership.org).

Important: See below about assets of married applicants.

Reading level: 12 gradeWords: 634

Before

24


27/98

How to Pay for Nursing Home Care with Medicaid

This section explains how to use Medicaid to pay for nursing home care in Connecticut.

Important!Medicaid rules are complicated and can change. You should talk to a lawyer who is familiar withMedicaid.

What is Medicaid?

Medicaid is a federal health insurance program. It pays medical bills for people and families with low income andresources. In Connecticut, the state Department of Social Services (DSS) administers Medicaid.

The rules are very complicated. And there are special rules for people who are:

65 or older, disabled, under 21, or in nursing homes.

The rules for Medicaid in other states may be different. If you are not sure which rules apply to you, talk to alawyer who is familiar with Medicaid.

Is Medicaid different from Medicare?

Yes. Medicaid and Medicare are both federal health insurance programs that may help pay for nursing homecare. But they do not provide the same coverage.

Medicaidwill pay for your nursing home care and most of your costs at the nursing home. Medicareonly pays for a nursing home in some situations, and then only up to 100 days.

To learn more about Medicare, call:

Center for Medicare Advocacy: 1-800-262-4414 Statewide Legal Services: 1-800-453-3320

Or see the section, Thinking About a Nursing Home?

What does Medicaid cover?

If you qualify, Medicaid will pay for your nursing home care and most of your costs while you are in a nursinghome, including:

Doctor visits Medicines Hospital care Your room (shared, not private) Meals Tests and treatments Equipment that your doctor says you need

If I have property or money, can I still get Medicaid to pay for a nursing home?Maybe. When you apply, Medicaid looks at your assets(money and property). If your assets are too high, youmay not qualify.

You can qualify for Medicaid if you have:

Up to $1,600 in countableassets (cash, bank accounts, stocks, and bonds) A burial plot (including goods and services such as a grave site, urn, casket, headstone) A pre-paid funeral contract with a Connecticut funeral home that cost:

up to $5,400 (non-refundable), up to $1,800 for a single person (refundable), or up to $1,500 for a married person (refundable).

Term life insurance with no cash surrender value Cash value life insurance (total value must be $1,500 or less)

Reading level: 6t

grade

Words: 393

Afte

25


28/98

Some adults need special help because of a physicalor mental disability. They may have Alzheimers oranother problem that prevents them from taking careof themselves.

Sometimes you need a court order to help withsomeones personal care or finances. This is calledprobate conservatorship.

What is probate conservatorship?

Probate conservatorship is when a court appoints aperson or organization to be legally responsible forsomeone who cannot manage alone. The person ororganization is the conservator; the person cared foris the conservatee.

There are two kinds of probate conservators: conservatorof the person and conservator of the estate.

A conservator of the person must make sure theconservatee has adequate food, clothing, shelter, andmedical and dental care. The conservator also hasthe right and responsibility to:

% See the conservatees medical records,

% Discuss the conservatees needs with professionals,

% Make decisions about his or her care,

%

Arrange for services,% Find appropriate housing, and

% Decide if it is safe for the conservatee to drive.

A conservator of the estate manages the financialaffairs of a conservatee who cannot do so on his own ormay be easily taken advantage of. The conservator must:

% Inventory the conservatees assets,

% Collect the conservatees income and handleincome taxes,

% Prepare a budget, pay bills, and keep financialrecords,

% Make investments, and

% File financial accountings with the court.

Who needs a probate conservatorship?

Most people who need help with their personal careor finances are elders with major mental or physicaldisabilities. Here is an example:

Tina Brown is an 82-year old woman with Alzheimers

who lives alone. She has become so forgetful that

she no longer remembers to pay her bills, shop for

food, eat, bathe, turn off the stove, or lock her doors.

The phone and the gas have been disconnected and

she is not paying her rent. She cannot recall how she

gets her food or who prepares it.

But some young people need a conservator, too:

At age 20, Tom Lee was in a motorcycle accident.

Although he was wearing a helmet, he was left

severely disabled unable to walk, talk, feedhimself, or understand his own financial affairs.

His parents were appointed his conservators.

They filed and won a lawsuit against the helmet

manufacturer because the helmet was defective.

They use the money they got from the lawsuit to

pay for the care their son needs.

Adul ts wi th disabil it ies may not need aconservator if they can:

% Provide for their needs most of the time,

%

Make appropriate decisions about their care,% Avoid being taken advantage of, and

% Count on family members or friends to help.

Who can be a conservator?

The law gives preference to certain people, starting with

% The person the conservatee wants,

% A spouse or domestic partner (or someone thespouse or domestic partner wants),

% An adult child (or someone the adult child wants),% A parent (or someone the parent wants),

% A brother or sister (or someone they want).

The court will decide if it is in the conservatees bestinterest to appoint the person with the highest priority.

Conservatorships

26


29/98

How do I know if I would make a goodconservator?

The conservatee will depend on you. Make sure youhave the time and energy to be conservator and takecare of your other responsibilities.

If you have been convicted of a felony or hadproblems with the law, the court may not allow you tobe conservator.

Are there professional conservators?

Yes. The court often appoints a professional personor organization that will be conservator for a fee.Here are some:

Private individuals. Call the Probate Departmentfor a list of active private conservators in our area.415-551-3650.

Non-profit agencies in San Francisco:

Coming Home: 415-474-2250

Jewish Family andChildrens Services: 415-449-3777

Institute on Aging: 415-456-8692 or

415-750-4111

County agency

Public Guardian: 415-355-3555

How do I ask the court for a conservatorship?

You will need to fill out and file court forms. There will

also be an investigation and a court hearing.If the court approves the conservatorship, you willhave to fill out and file forms after the hearing.Also, an investigator will visit the conservatee andconservator periodically.

To learn more about the steps you must take toask for a conservatorship, read When adults withdisabilities need the help of a conservator...

Should I talk to a lawyer before asking tobe a conservator?

Yes, if:

% The situation is complex,

% The conservatee or other people are against theconservatorship,

% The conservatee has a lawyer, or

% You need a conservatorship right away to preventphysical or financial harm to the person.

Tbo!Gsbodjtdp!Tvqfsjps!Dpvsu

575 Polk Street

San Francisco, CA

94102

415.551.5880

[email protected]

How do I choose a lawyer?

Look for a lawyer who specializes in probate law orelder law. For help finding a lawyer, contact:

% The Bar Association of San Franciscos LawyerReferral Service. If you have limited income, they canrefer you to their Volunteer Legal Services Program.

Call: 415-989-1616

% The National Academy of Elder Law Attorneys(NAELA). They give advice about finding lawyers withexperience in legal matters affecting older people.

Visit their website: www.naela.org

Where can I get more information?

The San Francisco Superior Court offers these resources:

% Handbook for Conservators. It costs $20 andcomes with a Resource Supplement that listsservices available to conservatees in SanFrancisco. You can buy it at in Room 103 ordownload it for free (its 300 pages) from:

www.courtinfo.ca.gov/selfhelp/seniors/handbook.htm

% A 20-minute video on the responsibilities ofconservators. It is shown every Thursday at 9:00a.m. in Room 204.

% The staff at the ACCESS Center can show youhow to fill out your court forms (for conservatorshipof the person only). Contact them in person, byphone, or email:

Go to: 575 Polk Street,San Francisco, CA 94102

Call: 415-551-5880, or

Email: [email protected]

Produced by the San Francisco Superior Court and

funded by the Administrative Offices of the CourtConservatorship July 2006

27


30/98

Sometimes there are other ways to help an adultbesides establishing a conservatorship. But usually,the adult must be able to understand and agree.

If the adult can only understand and communicate

at certain times, use these times to talk about theiroptions. If you are not sure if the adult can understandand communicate, talk to a lawyer.

Care for adults who can understand andcommunicate:

Social Services Agencies

In San Francisco, there are many agencies that helppeople with special needs because of illness or disability.

They assign a case manager (usually a social worker ora nurse) to see what the adult can and cannot do.

They meet with the adult regularly to see how theyare doing. And they check to see if the services theyare providing are helping.

The case manager can arrange for meals,housekeeping, transportation to health careappointments, and personal care at home.

Advance Health Care Direct ives

You can fill out an Advance Health Care Directive(AHCD) to say:

% What type of health care you want if you becomegravely ill, and

% Who you want to make decisions for you.

You can get AHCD forms and information from:

% California Coalition for Compassionate Care:www.finalchoices.calhealth.org

% California Medical Association: www.cmanet.org

% American Bar Association: www.abanet.org/aging Look for the Consumers Tool Kit for Health CareAdvance Planning.

Care for adults who cannot understand orcommunicate:

California law allows teams ofhealth careprofessionals in nursing homes to make medicaldecisions for adults in nursing homes who cannot doso and have no one to help them.

Sometimes the court makes medical decisionsor allows someone else to do so. For example, ahospital may want to make a change in treatment orliving arrangements for an adult who is unable to giveconsent and has no conservator. The court only doesthis if just one or a few decisions are needed.

Financial decisions for adults who canunderstand and communicate:

Daily money management programs

Many social services agencies have programs to helppeople with simple, financial tasks like paying bills,making bank deposits, and filing taxes.

Joint bank accounts

The adult can set up a joint bank account withsomeone they trust. This lets the trusted adult writechecks, make deposits and withdrawals.

It is very important to choose a trusted, competentperson because the adult will have little control overthe account. And, if one of the persons dies, the othercan keep what is left in the account.

General or Limited Power of Attorney

A general or limited power of attorney allows the adultto appoint someone to help them for a limited timeor for a single action.The adult is called the principal,

and the helper is called the attorney-in-fact.

For example, an adult with severe arthritis in hishands may give his sister power of attorney for aspecific bank account so she can write the checks forthe monthly bills.

Most financial institutions have their own power ofattorney forms.

If the adult loses the mental ability to make decisions,the power of attorney is no longer valid.

Durable Powers of Attorney for Finances (DPOA)

A DPOA lets someone help the adult manage theirfinances if they become unable to. The adult is called theprincipal, and the helper is called the attorney-in-fact.

The Attorney-in-fact can pay bills, hire in-home help,and file taxes for principals. A DPOA is called durablebecause the attorney-in-fact will still have power afterthe principal can no longer make decisions for himself.

Alternatives to Conservatorship

28


31/98

DPOAs are fairly simple and inexpensive. But there arerisks: attorneys-in-fact are not monitored or bonded.It is very important to choose a trusted, competentperson because they will control your finances.

You can get a DPOA form online or from a stationerystore. But, have a lawyer check your DPOA to makesure it is as theft-proof as possible and right foryour situation.

Financial and property decisions for adultswho cannot understand and communicate:

Representative Payeeship

Many federal agencies can authorize a person orinstitution to receive a check on behalf of an adultwho has a disability.

This means a relative, friend, volunteer, social serviceagency, or nursing home can receive the monthlycheck and use it to pay for the adults needs.

Some of the agencies that allow this are:

% Social Security Administration

% Department of Veterans Affairs

% Department of Defense

% Railroad Retirement Board, and

% Office of Personnel Management

But first you must explain why the person cannothandle their finances, and a doctor must provide astatement explaining the disability.

This may be a good choice for adults whose onlyincome is from a public agency.

Living Trusts

A living trust lets an adult put assets and property,like bank accounts, real estate and life insurance,under the control of a trustee.

Most people set themselves up as the trustee andthey also name a trusted person to be the successortrustee. When they die or become unable to manage

the trust, the successor trustee takes over.Living trusts are a good choice for people whohave a lot of assets and can understand how theirassets should be managed. A trust is a complicateddocument. You will need an attorney to set up thetrust so it does what you want it to do.

Tbo!Gsbodjtdp!Tvqfsjps!Dpvsu

575 Polk Street

San Francisco, CA

94102

415.551.5880

[email protected]

How do I find a lawyer?

Choose a lawyer who specializes in probate law orelder law.

For help finding a lawyer, contact:

% The Bar Association of San Franciscos LawyerReferral Service. If you have limited income, theycan refer you to their Volunteer Legal Services

Program.Call: 415-989-1616

% The National Academy of Elder Law Attorneys(NAELA). They give advice about how to find andchoose attorneys with experience in legal mattersaffecting older people.

Visit their website: www.naela.org

Other Resources

Buy the Handbook for Conservators. It costs $20 andcomes with a Resource Supplement that lists support

services in San Francisco. You can buy it at in Room103 or download it for free (its 300 pages) from:www.courtinfo.ca.gov/selfhelp/seniors/handbook.htm

AARP has information about living trusts and otherplanning documents: www.aarp.org

Produced by the San Francisco Superior Court and

funded by the Administrative Offices of the CourtAlternatives to Conservatorship J uly 2006

29


32/98

Elder Abuse

What is abuse?

There are different kinds of abuse, including:

Physical abuse: hitting, restraining, hurting orthreatening to hurt a person.

Neglect: not giving basic things, like food,water, clothes, shelter, medicine and health

care.

Emotional abuse: intimidation, harassment, orkeeping someone isolated.

Financial abuse: using or taking someonesmoney or property without permission.

Is it a crime to abuse an elder?

Yes. It is against the law to abuse an elder.

Who abuses older adults?

The abuser is usually someone the victim knows,

like a caregiver, relative, or friend. The abuser often

thinks the victim will be too ashamed or afraid to

report the crime.

How can elders prevent abuse?

Choose caregivers and nursing homes carefully. Guard personal information, such as your

Social Security number and financial

information.

Do not give out personal information totelemarketers or anyone on the Internet.

Take your time to make financial decisions.Ask your accountant or lawyer for advice.

What if I am a victim of abuse?

Ask for help!

Call 911if you are in danger now. Tell the policewhat happened, and ask for an Emergency

Protective Order.

If you are not in danger right now, these agencies

can help you:

[List agency here]:333-222-1111 [List other agency here]:333-222-1111 [List other agency here]:333-222-1111

Abuso de personas mayores

Qu es el abuso?

Existen diferentes tipos de abuso, incluyendo:

Abuso fsico:golpear, limitar los movimientos,lastimar o amenazar con lastimar a una persona.

Negligencia:no cumplir con las necesidadesbsicas, como comida, agua, ropa, refugio,medicinas y atencin mdica.

Abuso emocional:intimidar, acosar, o mantenera alguien apartado de los dems.

Abuso financiero:usar o tomar el dinero o lapropiedad de otra persona sin permiso.

Es un delito abusar de una persona mayor?

S. Abusar a una persona mayor es contra la ley.

Quin abusa de adultos mayores?Las personas que abusan tienden a ser personas queconoce la vctima, como por ejemplo alguien que lo

cuida, un pariente o amigo. A menudo piensan que lavctima sentir demasiado vergenza o miedo como

para denunciar el delito.

Cmo se puede prevenir el abuso de los

mayores?

Seleccionar los cuidadores y hogares de atencincon mucho cuidado.

Mantener privado la informacin personal, comoel nmero del Seguro Social e informacinfinanciera.

No dar informacin personal a vendedores quehablen por telfono ni a cualquier personaen el Internet.

Tome su tiempo para tomar decisiones financierasPida consejo a su contador o abogado.

Qu pasa si soy vctima de abuso?

Pida ayuda!

Llame al911 si est en peligro ahora. Dgale a la

polica lo sucedido y pida una orden de proteccin deemergencia.

Si no est en peligro en este momento, estasagencias le pueden ayudar:

[List agency here]:333-222-1111 [List other agency here]:333-222-1111 [List other agency here]:333-222-1111

30


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HousingAre you being evicted? .... ... ... .... ... .... ... .... ... .... ... .... ... .... ... .... ... .... .... ... . 32

Need to evict a tenant? ... .... ... .... ... .... ... .... ... .... ... .... ... .... ... .... ... .... .... ... 34How to G et Your Security Deposit Back .. .. ... .. .. ... .. .. ... .. .. ... .. ... ... .. .. ... .. 36

Letter: R eturn Security Deposit .. .. ... .. .. .. ... .. .. ... .. .. ... ... .. ... .. .. ... .. .. ... .. .. ... 37

Before & After: Energy and Utility P roblems with Landlords ...... .......... 38

How to D eal with C ontractors ...... ... .... ... .... ... .... ... .... ... .... ... .... ... ... .... .. 40

Did the floods damage your rental unit? .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . 41

Worried about Foreclosure? .. .. ... .. .. ... .. .. ... .. .. ... .. ... ... .. .. ... .. ... .. .. ... .. .. ... . 42

31


34/98

Whathappens

ifthe

landlordwins?

1.

Thecourtwillgivethelandlorda

JudgmentofPossession.This

givesthelandlord

back

possessionofthe

property.The

judgecanalsoorderyoutopay

costsanddamages,likeback

rent.

2.

ThelandlordwillgetaWritof

Execution.Thisle

tstheSheriff

removeandlockyououtofthe

property.

3.

TheSheriffwillse

rveyouwitha

NoticetoVacatetheproperty.This

givesyou5days

tomove.Ifyou

donotmove,the

Sheriffwill

removeyouandlockyouout.

4.

Youcanaskfora

Stayof

Execution.Ifthejudgeapproves,

thiswillgiveyoumoretimeto

moveoutusuallyaboutaweek.

Youwillhavetop

ayrentforthat

extraweek.

IsthereanythingIcando

ifIlose?

Youcanappealoryoucanfilea

motiontosetaside(cancel)the

order.Therearetimelimitsforthese.

But,anappealoramotiontoset

asidewillnotstopth

eeviction.The

onlywaytostopord

elayaneviction

istoaskforaStayo

fExecution.

400McAllisterStreet

Room208

SanFrancisco,CA

94102-4514

415.5

51.5

880

www.sfgov.org/courts

A

reyou

being

evicted?

Ag

uidefortenants

U D

t e n a n t 0 4 / 0 3

W

hatifIdon'tspeak

E

nglishwell?

T

hecourtdoesnothaveinterp

reters

forunlawfuldetainercases.Ify

oudo

n

otspeakandunderstandEnglish,

b

ringanadultwhocaninterpre

tfor

y

ou.Or,youcanhireyourown

interpreter.

W

hatifIam

deaf?

A

skthecourtforasignlanguage

interpreter.

N

eedhelp?

C

ontactanyoftheseagencies:

E

victionDefenseCollaborative

4

33SouthVanNessAve.(by16

thSt.)

4

15-431-8831

B

ayAreaLegalAid

5

0FellStreet(byCivicCenter)

4

15-982-1300

S

FTenantsUnion

5

58CappSt.(by19thSt.)

4

15-282-6622

A

CCESSCenter

S

FSuperiorCourt

4

00McAllisterStreet,Room20

8

4

15-551-5880

F

oralawyer,calltheLawyer

R

eferralService(SFBarAssn.):

4

15-989-1616

32


35/98

Canmylandlord

evict

me?

Maybe.Toevictyou,you

rlandlord

mustfirstgiveyouwrittennotice.

Usually,itsa3-dayora

30-day

notice.

Ifyoudonotdowhatthe

noticeasks

bythedeadlineintheno

tice,your

landlordmustgotocourtandfilean

UnlawfulDetainertoevic

tyou.If

yourlandlordfiles,youw

illgeta

copyoftheUnlawfulDetainer.

WhatdoIdoafte

rIget

theUnlawfulDetainer?

Youonlyhave5daysto

respond.

Gethelpassoonasyou

getthe

papers.

HowdoIrespond?

Therearedifferentways

torespond.

Itisveryimportantthaty

ouaska

lawyerwhichisbestforyou.

MosttenantsfileanAnswer.The

Answerletsyoutellthec

ourtyour

sideofthestory.

Isthereafee?

Yes.But,ifyoucannotaffordtopay

thefee,askforaFeeWaiver.

Whe

redoIgettheforms

Ineed?

Goto:

Clerksoffice,Room103,or

ACCESSCenter,Room208,or

Downloadfrom:

www.courtinfo.ca.gov/forms

Wha

thappensifIdonot

resp

ond?

Ifyou

dontfileyourresponsebefore

thede

adline:

Youcanlosethecaseandbe

evicted,and

Thelandlordcantakeyour

salary,moneyorproperty

withoutwarning.

Will

therebeajurytrial?

Either

youoryourlandlordcanask

forajurytrial.Thismeansajury,not

ajudg

e,willmakethedecision.To

askfo

rajurytrial,youmustfilea

requestattheclerksoffice.

WhathappensafterIfile

anAnswer?

1.

Yourlandlordw

illfilea

MemorandumtoSetforTrial.This

meansyourtrialwilltakeplacein

about20days.

2.

Inaboutonew

eek,thecourtclerk

willmailyouan

dthelandlordthe

date,timeand

placeoftrial.

3.

Ifitisajurytria

l,theclerkwillalso

mailyoutheda

te,timeandplace

foraSettlemen

tHearing.Thisisa

meetingbetweenyouandthe

landlordtotrytoreachan

agreementbefo

reyougototrial

usuallyoneweekbeforeyourtrial.

HowdoIgetreadyfor

trial?

Getalltheinforma

tionrelatedto

yourcase.Thismayinclude

witnessesorpape

rs,suchas:

copyoftheleaseorrental

agreement

lettersyouw

roteorreceived

abouttheproperty

photos

buildinginsp

ectionreports

Bring3copiesofallyourpapers.Ifa

witnessrefusesto

cometocourt,

youcansubpoena

them.Forhelp

withasubpoena,gototheACCESS

Center,Room208

.

33


36/98

HowdoIgetre

adyfor

trial?

Getalltheinformationrelatedtoyour

case,likewitnessesor

documents

thatsupporttheeviction.

Bring3copiesofallyo

urpapers.Ifa

witnessrefusestocom

etocourt,

youcansubpoenathem.Forhelp

withasubpoena,goto

theACCESS

Center,Room208.

WhathappensifIwin?

1.

Thecourtwillgiveyo

uaJudgment

ofPossession.

Thisgivesyouback

possessionofyourp

roperty.

2.

GetaWritofExecution.

Thislets

theSheriffremoveandlockthe

tenantoutoftheproperty.

3.

TheSheriffwillserve

thetenantwith

aNoticetoVacateth

eproperty.This

givesthetenant5da

ystomove.

If

thetenantdoesntmove,

theSheriff

willremoveandlock

outthetenant.

4.

Thetenantmayask

foraStayof

Execution.

Ifthejudg

eapproves,it

willstopordelaythe

eviction.

Usually,

itwillgiveth

etenantmore

timetomoveoutu

suallyabout

oneweek.Thetenan

twillhaveto

payrentforthatextraweek.

5.

Thetenantcanappe

alorfilea

motiontosetaside(cancel)the

Judgment.Thiswilln

otstopthe

eviction.

Theonlywa

ytostopor

de

Documents

Plain Language Collection